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23223

Graham Haig, et al. v. Jean-Pierre Kingsley (Chief Electoral Officer), et al.

(Federal) (Civil) (By Leave)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
1997-09-12 Appeal closed
1993-09-24 Copy of formal judgment being prepared, Noël, Berthiaume, Aubry & Associés (Hull, QC)
1993-09-24 Copy of formal judgment being prepared, Attorney General of Canada (Ottawa, ON)
1993-09-24 Copy of formal judgment being prepared, Fraser & Beatty (Ottawa, ON)
1993-09-24 Copy of formal judgment being prepared, Public Interest Advocacy Centre (Ottawa, ON)
1993-09-23 Formal judgment sent to the registrar of the court of appeal and all parties
1993-09-03 Notice of deposit of judgment sent to all parties, Noël, Berthiaume, Aubry & Associés (Hull, QC)
1993-09-03 Notice of deposit of judgment sent to all parties, Public Interest Advocacy Centre (Ottawa, ON)
1993-09-03 Notice of deposit of judgment sent to all parties, Fraser & Beatty (Ottawa, ON)
1993-09-03 Notice of deposit of judgment sent to all parties, Attorney General of Canada (Ottawa, ON)
1993-09-02 Judgment on the appeal rendered, CJ LaF L'HD So G Co McL Ia Ma, The appeal is dismissed, Lamer C.J. and Iacobucci J. dissenting.
Dismissed, no order as to costs
1993-03-22 General proceeding, transcript received and distributed to the judges (122 pages)
1993-03-04 Hearing of the appeal, 1993-03-04, CJ LaF L'HD So G Co McL Ia Ma
Decision reserved
1993-03-02 General proceeding, sent to La LaF L'HD So G Co McL I Maj from C. Alain re: appeal is scheduled to be heard on March 4, 1993.
1993-03-01 Correspondence (sent by the Court) to, from counsel of the appellant, Ms. Lawson advising that she will argue 1 hour on the hearing
1993-02-25 Discontinuance of leave to cross-appeal, 2 copies (with letter), with service Jean-Pierre Kingsley (Chief Electoral Officer)
1993-02-25 Correspondence (sent by the Court) to, from J.-M. Aubry advising that he will take 1 hour for his oral argument
1993-02-23 Proof of service, of factum
1993-02-22 General proceeding, 10 copies of "Loi sur la consultation populaire" Attorney General of Quebec
1993-02-22 Intervener's factum, 24 copies Attorney General of Quebec
1993-02-11 Proof of service, 3 copies of the table of contents of the respondent's cross-appeal
1993-02-11 Proof of service, 3 copies of the table of contents of the respondent's factum
1993-02-05 Respondent's factum, 24 copies FACTUM ON CROSS-APPEAL Attorney General of Canada
1993-02-05 Respondent's factum, 24 copies Attorney General of Canada
1993-02-05 Respondent's factum, 24 copies, with service Jean-Pierre Kingsley (Chief Electoral Officer)
1993-02-05 Book of authorities, 10 copies of vols. 1 to 5 (joint) Graham Haig
1993-02-04 Appeal hearing scheduled, 1993-03-04
Decision reserved
1993-01-20 Order on motion to extend time, to serve and file the appellant's reply factum on the the cross-appeal to Feb/05/1993., with service
1993-01-19 Decision on motion to extend time, to serve and file the appellant's reply factum on the cross-appeal to Feb/05/1993, Reg
Granted, no order as to costs
1993-01-19 Hearing of motion to extend time, 1993-01-19, to serve and file the appellant's reply factum on the cross-appeal to Feb/05/1993, Reg
1993-01-19 Submission of motion to extend time, 1993-01-19, to serve and file the appellant's reply factum on the cross-appeal to Feb/05/1993, Reg
1993-01-18 Response to motion to extend time, to file the appellants' reply factum on the cross-appeal to Feb. 5/93 Attorney General of Canada
1993-01-18 Response to motion to extend time, to file the appellants' reply factum on the cross-appeal to Feb. 5/93 Jean-Pierre Kingsley (Chief Electoral Officer)
1993-01-18 Affidavit, for the filing of the reply factum on the cross appeal to Feb. 5/93; Graham Haig Graham Haig
1993-01-18 Motion to extend time, to file the reply factum on the cross appeal to Feb. 5/93 Graham Haig
1993-01-18 Appellant's factum, (RESPONDENT'S FACTUM ON CROSS-APPEAL), with service Graham Haig
1992-12-23 Proof of service, of Notice of intervention
1992-12-22 Notice of intervention respecting a constitutional question, 2 copies Attorney General of Quebec
1992-12-18 Appellant's factum, 24 copies, with service Graham Haig
1992-12-18 Certified casebook, With service Graham Haig
1992-12-15 Correspondence (sent by the Court) to, from the Attorney General of the Northwest Territories; re: does not intend to participate in this matter
1992-12-11 Respondent's factum, APPELLANT'S FACTUM ON CROSS-APPEAL 24 copies, with service Jean-Pierre Kingsley (Chief Electoral Officer)
1992-12-10 Order on motion to expedite the appeal
1992-12-10 Order on miscellaneous motion, for an order permitting the case on appeal to be printed on 8.5"x 14"paper with no more than 70 lines per page., with service
1992-12-09 Case on appeal, 24 copies Graham Haig
1992-12-02 Notice of constitutional question(s), With service Graham Haig
1992-12-02 Decision on miscellaneous motion, for an order permitting to file the case on appeal book printed on 8.5"x 14"., Reg
Granted, no order as to costs
1992-12-02 Hearing of miscellaneous motion, 1992-12-02, for an order permitting to file the case on appeal book printed on 8.5"x 14"., Reg
1992-12-02 Submission of miscellaneous motion, 1992-12-02, for an order permitting to file the case on appeal book printed on 8.5"x 14"., Reg
1992-12-01 Response to miscellaneous motion, for an order that the Case on Appeal be printed on 8 1/2 x 14 format Attorney General of Canada
1992-12-01 Response to miscellaneous motion, for an order that the Case on Appeal be printed on 8 1/2 x 14 format Jean-Pierre Kingsley (Chief Electoral Officer)
1992-12-01 Affidavit, for an order that the Case on Appeal be printed on 8 1/2 x 14 format; Graham Haig Graham Haig
1992-12-01 Notice of miscellaneous motion, for an order that the Case on Appeal be printed on 8 1/2 x 14 format Graham Haig
1992-11-27 Order on motion to state a constitutional question, With service
1992-11-25 Notice of cross appeal Jean-Pierre Kingsley (Chief Electoral Officer)
1992-11-23 Appeal perfected for hearing, Session beginning on 1993-01-25
1992-11-23 Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, that the appeal be scheduled for Mar/04/1993.
Granted, no order as to costs
1992-11-23 Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1992-11-23, that the appeal be scheduled for Mar/04/1993.
1992-11-23 Hearing of motion to expedite the appeal, 1992-11-23, that the appeal be scheduled for Mar/04/1993.
1992-11-23 Submission of motion to expedite the appeal, 1992-11-23, that the appeal be scheduled for Mar/04/1993.
1992-11-23 Decision on the motion to state a constitutional question, for Constitutional Questions see file or Reg's red book #9 @p.47. Intentions for intervention on behalf of the Attorneys General should be filed by Dec/28/1992., CJ
Granted, no order as to costs
1992-11-23 Hearing of the motion to state a constitutional question, 1992-11-23, for Constitutional Questions see file or Reg's red book #9 @p.47. Intentions for intervention on behalf of the Attorneys General should be filed by Dec/28/1992., CJ
1992-11-23 Submission of motion to state a constitutional question, 1992-11-23, for Constitutional Questions see file or Reg's red book #9 @p.47. Intentions for intervention on behalf of the Attorneys General should be filed by Dec/28/1992., CJ
1992-11-23 Correspondence (sent by the Court) to, from Philippa Lawson; re: hearing date is March 4, filing schedule
1992-11-16 Decision on miscellaneous motion, for an order changing the style of cause in this appeal., Reg
Granted, no order as to costs
1992-11-16 Hearing of miscellaneous motion, 1992-11-16, for an order changing the style of cause in this appeal., Reg
1992-11-16 Submission of miscellaneous motion, 1992-11-16, for an order changing the style of cause in this appeal., Reg
1992-11-16 Correspondence (sent by the Court) to, from Jean-Marc Aubry, Q.C.; re: proposed dates for hearing of the appeal and filing dates are unrealistic
1992-11-16 Correspondence (sent by the Court) to, from Jean-Marc Aubry, Q.C.; re: does not consent to the 1st and 2nd constitutional questions; agrees with the 3rd and 4th questions
1992-11-12 Response to motion to expedite the appeal, 2 copies Graham Haig
1992-11-12 Affidavit, 2 copies; Jacques Girard, with service Jean-Pierre Kingsley (Chief Electoral Officer)
1992-11-12 Motion to expedite the appeal, 2 copies, with service Jean-Pierre Kingsley (Chief Electoral Officer)
1992-11-10 Response to miscellaneous motion, for an order changing the style of cause Attorney General of Canada
1992-11-10 Response to miscellaneous motion, for an order changing the style of cause Jean-Pierre Kingsley (Chief Electoral Officer)
1992-11-10 Affidavit, for an order changing the style of cause; Graham Haig, with service Graham Haig
1992-11-10 Notice of miscellaneous motion, for an order changing the style of cause, with service Graham Haig
1992-11-10 Correspondence (sent by the Court) to, from Philippa Lawson; re: A.G. Canada does not consent to the constitutional questions
1992-11-10 Response to the motion to state a constitutional question Jean-Pierre Kingsley (Chief Electoral Officer)
1992-11-10 Motion to state a constitutional question, 2 copies Graham Haig
1992-10-26 General proceeding, To Note, Memorandum from Claude Alain Re: copy of an objective summary written for placement on the Court file distributed to Justices La LaF L'HD So G Co McL I.
1992-10-23 Correspondence (sent by the Court) to, from Philippa Lawson; re: intend to file a motion to change the style of cause
1992-10-23 Notice of appeal, 2 copies, with service Graham Haig
1992-10-22 All material on the application for leave to cross-appeal submitted to the Judges
1992-10-22 Judgment of the Court on the application for leave to cross-appeal, Granted
1992-10-22 Judgment of the Court on the application for leave to appeal, FOR REASONS SEE FILE., CJ LaF L'HD So G Co McL Ia
Granted, no order as to costs
1992-10-22 Hearing of the application for leave to appeal, 1992-10-22, FOR REASONS SEE FILE., CJ LaF L'HD So G Co McL Ia
1992-10-22 All materials on application for leave submitted to the Judges, 1992-10-22, FOR REASONS SEE FILE., CJ LaF L'HD So G Co McL Ia
1992-10-21 Book of authorities, 1 copy of vol. I & II along with 24 copies of "Canada Elections Act" and 24 copies of "Referendum Legislation" (TO BE USED FOR THE APPEAL) Jean-Pierre Kingsley (Chief Electoral Officer)
1992-10-21 Decision on the miscellaneous motion, CJ, for an order. a) expediting the hearing of the application for leave to appeal. b) should leave be granted. i) that the appeal be heard on the basis of the existing records. ii) that the appeal heard on Thursday, October 22, 1992. An expedited hearing of the application for leave to appeal is granted and the other issues are not dealt with at the present time.
Granted, no order as to costs
1992-10-21 Hearing of miscellaneous motion, 1992-10-21, CJ
1992-10-21 Submission of miscellaneous motion, 1992-10-21, CJ
1992-10-21 All materials on application for leave submitted to the Judges, La LaF L'HD So G Co McL I.
1992-10-21 Affidavit, Graham Haig; for an order to expedite the application for leave to appeal; should leave to appeal be granted, an order i) that the appeal be heard on the basis of the existing records; ii) that the appeal be heard October 22/92 Graham Haig
1992-10-21 Notice of miscellaneous motion, for an order to expedite the application for leave to appeal; should leave to appeal be granted, an order i) that the appeal be heard on the basis of the existing records; ii) that the appeal be heard Oct. 22/92, with service Graham Haig
1992-10-21 Application for leave to cross-appeal, 5 copies Jean-Pierre Kingsley (Chief Electoral Officer)
1992-10-21 General proceeding, 5 copies of memorandum of fact and law as filed in the Federal Court of Appeal Jean-Pierre Kingsley (Chief Electoral Officer)
1992-10-21 Correspondence received from, from N.J. Schultz; re: will not make submissions Jean-Pierre Kingsley (Chief Electoral Officer)
1992-10-21 $30.00 filing fee, receipt #26054 Graham Haig
1992-10-21 Application for leave to appeal, 5 copies, with service, Completed on: 1992-10-21 Graham Haig

Parties

Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.

Main parties

Main parties - Appellants
Name Role Status
Haig, Graham Applicant Active
Doe, John Applicant Active
Doe, Jane Applicant Active

v.

Main parties - Respondents
Name Role Status
Kingsley (Chief Electoral Officer), Jean-Pierre Respondent Active
Attorney General of Canada Respondent Active

Other parties

Other parties
Name Role Status
Attorney General of Quebec Intervener Active

Counsel

Party: Haig, Graham

Counsel
Names
Philippa Lawson
Philippa Lawson
Contact information
Public Interest Advocacy Centre
1204 - 1 NICHOLAS ST
OTTAWA, Ontario
K1N 7B7
Telephone: (613) 562-4002
FAX: (613) 562-0007

Party: Doe, John

Counsel
Names
Philippa Lawson
Philippa Lawson
Contact information
Public Interest Advocacy Centre
1204 - 1 NICHOLAS ST
OTTAWA, Ontario
K1N 7B7
Telephone: (613) 562-4002
FAX: (613) 562-0007

Party: Doe, Jane

Counsel
Names
Philippa Lawson
Philippa Lawson
Contact information
Public Interest Advocacy Centre
1204 - 1 NICHOLAS ST
OTTAWA, Ontario
K1N 7B7
Telephone: (613) 562-4002
FAX: (613) 562-0007

Party: Kingsley (Chief Electoral Officer), Jean-Pierre

Counsel
Name
N.J. Shultz
Contact information
Fraser & Beatty
1200 - 180 ELGIN ST
OTTAWA, Ontario
K2P 2K7
Telephone: (613) 783-9600

Party: Attorney General of Canada

Counsel
Name
Jean-Marc Aubry, Q.C.
Contact information
Attorney General of Canada
East Memorial Building
284 Wellington Street - 2nd floor
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4663
FAX: (613) 952-6006

Party: Attorney General of Quebec

Counsel
Names
Madelaine Aubé
Jean-François Jobin
Contact information
Procureur général du Québec
1200 RTE DE L'ÉGLISE
2e ÉTAGE
STE-FOY, Quebec
G1V 4M1
Telephone: (418) 643-4090
FAX: (418) 646-1696
Agent
Name
Sylvie Roussel
Contact information
Noël et Associés, s.e.n.c.r.l.
111 Rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397

Summary

Keywords

None.

Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

None.

Lower court rulings

October 15, 1992
Federal Court of Canada, Trial Division

X

Application to add Resp. A.G. as party dismissed; Sect. 18 applic. dismissed

October 20, 1992
Federal Court of Appeal

T-1340-92

appeal dismissed

Filed documents

The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.

Downloadable PDFs

Not available

The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.

Downloadable PDFs

Not available

The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.

Downloadable PDFs

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Webcasts

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Date modified: 2025-05-13